Legal Definitions - interlocutory

The term interlocutory describes a court action, decision, or ruling that is temporary and does not fully resolve all the issues in a legal case. Instead, it addresses a specific matter that arises during the course of litigation, requiring further proceedings before a final judgment can be issued. It's an interim step rather than the ultimate conclusion of the entire dispute.

Here are some examples to illustrate this concept:

• Temporary Injunction: Imagine a software company sues a former employee, alleging they stole proprietary code and are using it to start a competing business. The company immediately asks the court for an order to prevent the former employee from using or sharing that code while the lawsuit is ongoing.

  The judge might issue an interlocutory order, known as a preliminary injunction, which temporarily stops the former employee from using the alleged stolen code. This order is not the final decision on whether the code was actually stolen or if the employee is ultimately liable; it's a temporary measure to protect the company's interests until a full trial can determine the facts and issue a final judgment on the entire case.

• Temporary Child Custody Arrangement: In a contentious divorce case, parents cannot agree on who the children will live with while the divorce proceedings are underway, but the court needs to ensure the children have a stable living situation immediately.

  The judge issues an interlocutory order establishing a temporary custody schedule and living arrangement for the children. This order is not the final, permanent custody decision, which will be determined later as part of the overall divorce settlement or trial. It's a provisional ruling to manage the situation until all aspects of the divorce are finalized.

• Discovery Sanctions: In a complex business lawsuit, one party repeatedly fails to provide requested documents during the "discovery" phase, despite multiple court orders. The other party asks the judge to impose penalties for this non-compliance.

  The judge issues an interlocutory order imposing sanctions (penalties) on the non-compliant party, perhaps ordering them to pay the other side's legal fees incurred due to the delay. This ruling addresses a specific procedural issue that arose during the case but does not resolve the core dispute of the lawsuit itself. The case will continue, and a final judgment on the merits will be made later.